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Vehicular Homicide

Barnegat NJ Vehicular Homicide Attorney

Numerous vehicular homicide cases are prosecuted each year by the Ocean County Prosecutor's Office. The stakes in these matters are extremely high given that a vehicular homicide offense carries the possibility of a decade in state prison. Many vehicle homicides are further complicated by the fact that they are intertwined with driving while intoxicated ("DWI"). Our attorneys are well versed in both death by auto and DWI cases, making a formidable candidate to defend you. The experience of the lawyer at Law Offices of Jonathan F. Marshall spans over 100 years, including significant time serving as prosecutors. If you were in an accident that resulted in an arrest for vehicular homicide in Toms River, Manchester, Barnegat, Brick Township, Lacey or another municipality in Ocean County, we have an attorney with the tools to fully protect you. Contact our Toms River Office at (732) 286-6500 to talk to a defense lawyer absolutely free.

Charges for Accidents That Result in Death: Vehicular Homicide

Vehicular homicide is a second degree crime in accordance with N.J.S.A. 2C:11-5. This statute provides that "criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly." An individual operates a car, truck or boat recklessly when they consciously disregard a substantial and unjustifiable risk of death by virtue of the manner of their operation. N.J.S.A. 2C:11-5 specifically sets forth three instances where reckless exists. First, recklessness is inferred when a fatal accident results from the accused falling asleep at the wheel after having been without sleep for a period in excess of 24 consecutive hours. The second way recklessness is inferred is where it is established that the defendant was operating a hand-held cell phone at the time of the collision. The third and final scenario where recklessness is inferred under 2C:11-5 is when a motorist commits a DWI or driving under the influence of drugs ("DUI") at the time of the accident.

Grading. As previously stated, vehicular homicide (a.k.a. death by auto) is typically a second degree crime. However, the violation escalates to a first degree crime if the defendant was operating his/her vehicle while under the influence of drugs or alcohol within a school zone when the accident occurred.

Penalties. The standard penalties for a second degree crime like vehicular homicide include 5-10 years in state prison and a fine of up to $150,000. In addition, where the vehicular homicide is DWI/DUI related, a period of parole ineligibility is imposed. The defendant must serve at least one-third of his/her sentence (i.e. term of imprisonment) before they may be considered for release on parole.

Brick Township Vehicular Homicide Lawyer

If you or a loved one has been charged with a vehicular homicide in Brick Township, Tuckerton, Little Egg Harbor, Jackson, Lakehurst or Berkeley, it is imperative that you retain a proven criminal defense lawyer to protect your interests. The lawyers at Law Offices of Jonathan F. Marshall will dedicate themselves to your defense and fight to insure that you get out of this dilemma with the best possible result If you would like to discuss your vehicular homicide charges or a related DWI with an attorney on our team, call us anytime 24/7 for a free consultation at (732) 286-6500.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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